A "Peace Officer" doing his job professionally.

[Texan2]

Terry frisk would be to find a weapon....this wasnt a Terry stop/frisk IMO

 

[just jk]

Terry frisk would be to find a weapon....this wasnt a Terry stop/frisk IMO

this actually isnt true - the purpose of a terry frisk is to assure officer safety and allow the officer to conduct an investigation that could develop probable cause for a further search

"finding a weapon" is a search and not the purpose of a terry stop

 

[London]

I think the one thing we'll all agree on is that that officer Lyons handled the whole thing like a true peace officer should. I hope he sees this thread some day- that guys actions have the ability to turn around a lot of bad perceptions people may have of police officers.

 

[TexasRedneck]

Oh, I can SO guarantee you that Lyons did an OUTSTANDING job in the face of at best a negative citizen. To give him his due, he never really got in Lyon's face THAT badly, but I'm just funny about treating someone the way *I* wanna be treated.

 

[Dawico]

Oh, I can SO guarantee you that Lyons did an OUTSTANDING job in the face of at best a negative citizen. To give him his due, he never really got in Lyon's face THAT badly, but I'm just funny about treating someone the way *I* wanna be treated.

I am the same way, and with everyone, not just LEOs. Actually, LEOs get more respect from me because they have earned it.

 

[Texan2]

this actually isnt true - the purpose of a terry frisk is to assure officer safety and allow the officer to conduct an investigation that could develop probable cause for a further search

"finding a weapon" is a search and not the purpose of a terry stop

with all due respect, you are incorrect.....read the Terry v. Ohio case. The whole case was over on an officer finding a weapon on a person he had detained.

Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous." (392 U.S. 1, at 30.)
For their own protection, police may perform a quick surface search of the person’s outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on "specific and articulable facts" and not merely upon an officer's hunch. This permitted police action has subsequently been referred to in short as a "stop and frisk," or simply a "Terry stop". The Terry standard was later extended to temporary detentions of persons in vehicles, known as traffic stops; see Terry stop for a summary of subsequent jurisprudence.

 

[just jk]

you do realize that Terry has been re-defined a "few" times since its first ruling dont you?

i said earlier that a terry stop is conducted when an officer believes criminal activity is afoot.......i think we're arguing some legal semantics here - but literally speaking, a Terry stop/frisk is NOT to get a gun

i realize the original case involved such a deal - but the scope of a Terry frisk has been the subject of several subsequent SCOTUS decisions....it's not meant to be intrusive whatsoever

i dont know what your career field is, or what your background is in - but i'll say that i'm confident in my understanding of a Terry stop/frisk

 

[Texan2]

It has been added to. And one of the purposes of a Terry frisk is to pat a person down when there is suspicion that he is armed. You are correct, it isnt meant to be intrusive, that is the reason an officer can do a cursory pat down of the outer clothing.

A Terry frisk isnt to "get a gun", it is (among other things) a way for an officer to insure that someone is not armed.

I too am confident in my understanding of Terry.

 

[M. Sage]

Terry frisk would be to find a weapon....this wasnt a Terry stop/frisk IMO

I had to re-educate myself on it, and I agree with you. A Terry search is a search for hidden weapons. This one isn't hidden, and there aren't any signs of illegal activity at any rate.

It was not a Terry search (as much as the officer tries to sell it as one with his "for my safety" line). It was an E check.

(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.

 

[Bithabus]

this actually isnt true - the purpose of a terry frisk is to assure officer safety and allow the officer to conduct an investigation that could develop probable cause for a further search

You are wrong about this. The stop and the frisk both need separate justifications. To frisk someone you need reasonable suspicion that he is armed, and this can only occur after or concurrent with a stop. The "terry frisk" is only to find weapons. Of course, other stuff can come out of the frisk, but the justification has to be about a weapon.

 

[Dawico]

I prefer to frisk Theresas myself, but to each their own.

You guys are getting way too serious. If you guys can not agree, how do us civilians have a chance?

 

[Texan2]

If you guys can not agree, how do us civilians have a chance?

It is because we dont agree that you do have a fighting chance....lmao

 

[just jk]

there was a bit of a Terry stop and frisk element to that video - in my opinion. A Terry stop/frisk allows an officer to stop somebody when there is a reasonable belief that criminal activity may be afoot...the stop is done to allow officers to investigate further the individual

this is what i originally said - and stand by

 

[Bithabus]

this is what i originally said - and stand by

Terry stop and Terry frisk are distinct events and each requires its own justification. It looked like you were equivocating.

 

[Designated]

I don't really think "Jeremy" was being that much of a dick but I do think he was trying to make a point. The officer was a real pro and handled it well.

 

[London]

Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.

Anyone rule on the constitutionality of this yet?

 

[M. Sage]

Anyone rule on the constitutionality of this yet?

It's just now being challenged. Pretty damned obvious Constitutional issues with that part. IMO it's low-hanging fruit for our side.

 

[JohnH]

So this guy walks down the street with an unloaded gun and a recorder on. Why?

 

[Texan2]

So this guy walks down the street with an unloaded gun and a recorder on. Why?

Because he can.

 

[JohnH]

He must a) really be bored with life and b) disappointed because he won't get famous since he wasn't a victim of those jackbooted thugs.